Lord Chancellor Robert Buckland unveiled the proposed two-month extension this week, as part of a package of measures to address the backlog of cases. It will apply to persons accused of offences due to be heard in the Crown court, is expected to come into force on 28 September and will remain in place for nine months.
However, legal rights group Justice hit back with a stern rebuke, pointing out that time limits can already be extended on an individual basis due to illness, absence, the need for separate trials or some other good reason, and that a Coronavirus Crisis Protocol for the Effective Handling of Custody time Limit Cases has been in place since April, with judges and prosecutors deciding each case on an individual basis.
Justice said, in a statement, that it was ‘therefore extremely concerned that this measure will create a blanket extension of detention for all those remanded in custody, irrespective of their circumstances.
‘The right to liberty is protected by Art 5 of the European Convention on Human Rights. This requires the question of whether continued detention is justified or necessary to be decided on the circumstances of each individual case.’
Justice suggested, instead, that fully remote jury trials be used, where all participants join via video, jurors joining together in a socially distanced hub, and with the hearing livestreamed to a virtual public gallery. It said it had tested this option and found it fair.
Justice director Andrea Coomber said extending time limits sent a message ‘government is not prioritising the administration of justice during this crisis’.
Amanda Pinto QC, Chair of the Bar Council said: ‘We are very concerned that this 25% increase in the lawful detention of a potentially innocent person because there aren’t enough courts available to hear their trial does not become a license to push off cases for longer than absolutely necessary.’
Jury trials resumed in May but have been vastly reduced due to social distancing requirements. So far, ten temporary Nightingale courts have opened.
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